BILL NUMBER: AB 948	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Patterson

                        FEBRUARY 26, 2015

   An act to amend Section 61040 of, and to add Section 61040.3 to,
the Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 948, as amended, Patterson. Local government: community service
districts.
   The Community Services District Law authorizes the establishment
of community services districts to provide various services to the
geographic area within each district, and further authorizes
specified community services districts to enforce covenants,
conditions, and restrictions within that district, as provided.
Existing law requires the board of directors of the district to
consist of 5 people, and requires, among other things, that each
member of the board of directors be a voter of the district, as
specified.
   This bill would authorize a person to serve on the Board of
Directors of the Sierra Cedars Community Services District if he or
she holds title to land within the district.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for Sierra Cedars Community
Services District.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 61040 of the Government Code, as amended by
Section 1 of Chapter 505 of the Statutes of 2014, is amended to read:

   61040.  (a) Except as provided in Section 61040.1, a legislative
body of five members known as the board of directors shall govern
each district. The board of directors shall establish policies for
the operation of the district. The board of directors shall provide
for the implementation of those policies which is the responsibility
of the district's general manager.
   (b) Except as provided in Section 61040.3, no person shall be a
candidate for the board of directors unless he or she is a voter of
the district or the proposed district. No person shall be a candidate
for the board of directors that is elected by divisions or from
divisions unless he or she is a voter of that division or proposed
division.
   (c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this division.
Where the members of the board of directors have been elected by
divisions or from divisions, they shall represent the interests of
the entire district and not solely the interests of the residents and
property owners in their divisions.
   (d) Service on a municipal advisory council established pursuant
to Section 31010 or service on an area planning commission
established pursuant to Section 65101 shall not be considered an
incompatible office with service as a member of a board of directors.

   (e) A member of the board of directors shall not be the general
manager, the district treasurer, or any other compensated employee of
the district, except for volunteer firefighters as provided by
Section 53227.
   (f) This section shall be repealed on January 1, 2035.
  SEC. 2.  Section 61040 of the Government Code, as added by Section
2 of Chapter 505 of the Statutes of 2014, is amended to read:
   61040.  (a) A legislative body of five members known as the board
of directors shall govern each district. The board of directors shall
establish policies for the operation of the district. The board of
directors shall provide for the implementation of those policies
which is the responsibility of the district's general manager.
   (b) Except as provided in Section 61040.3, no person shall be a
candidate for the board of directors unless he or she is a voter of
the district or the proposed district. No person shall be a candidate
for the board of directors that is elected by divisions or from
divisions unless he or she is a voter of that division or proposed
division.
   (c) All members of the board of directors shall exercise their
independent judgment on behalf of the interests of the entire
district, including the residents, property owners, and the public as
a whole in furthering the purposes and intent of this division.
Where the members of the board of directors have been elected by
divisions or from divisions, they shall represent the interests of
the entire district and not solely the interests of the residents and
property owners in their divisions.
   (d) Service on a municipal advisory council established pursuant
to Section 31010 or service on an area planning commission
established pursuant to Section 65101 shall not be considered an
incompatible office with service as a member of a board of directors.

   (e) A member of the board of directors shall not be the general
manager, the district treasurer, or any other compensated employee of
the district, except for volunteer firefighters as provided by
Section 53227.
   (f) This section shall become operative on January 1, 2035.
  SEC. 3.  Section 61040.3 is added to the Government Code, to read:
   61040.3.  Notwithstanding subdivision (b) of Section 61040, a
person may be a candidate for the board of directors of the Sierra
Cedars Community Services District if he or she holds title to land
within the district.
  SEC. 4.  The Legislature finds and declares  that 
 both of the following: 
      (a)     That  a special law
is necessary and that a general law cannot be made applicable within
the meaning of Section 16 of Article IV of the California
Constitution because of the unique circumstances relating to the
types of residences within the Sierra Community Services District.

   (b) That this act does not prohibit a registered voter within the
Sierra Cedars Community Services District from being a qualified
candidate for the board of that district, regardless of whether he or
she owns property within the district.